Arkansas Wrongful Death Statute

A Quick Look at the Arkansas Wrongful Death Act

The Arkansas wrongful death statute creates a civil legal remedy when a person’s death is caused by another party’s negligence, recklessness, or intentional misconduct.

It allows the deceased person’s surviving family members or estate to bring a wrongful death claim for both economic and non-economic damages.

These may include expenses related to end-of-life arrangements, such as funeral or burial services.

Arkansas law treats the claim for wrongful death as a single, collective claim, with compensation distributed among eligible survivors rather than filed separately by each.

Arkansas law separates wrongful death into two distinct claims: the wrongful death action (on behalf of the family) and the survival action (on behalf of the estate).

The survival action addresses losses suffered by the deceased person before death — such as medical expenses, property damage, or conscious pain and suffering.

In contrast, the legal action for wrongful death compensates families for losses they have suffered due to the death.

Both claims may be filed together in a single lawsuit.

Together, these legal actions give Arkansas families a pathway to pursue compensation through civil court for both the immediate and lasting consequences of the death.

This legal structure ensures that Arkansas families are able to pursue full compensation without needing to navigate overlapping or duplicative lawsuits.

Who Can File a Wrongful Death Lawsuit in Arkansas?

Only certain individuals — most often family members or the estate’s personal representative — can file a wrongful death claim under Arkansas law.

Eligibility depends on the relationship to the deceased person and whether the claim is brought on behalf of the family or the estate.

The family claim compensates surviving loved ones for their own losses, while the estate claim addresses losses the deceased person suffered before death.

Compensation depends on the specific losses experienced by the claimant and may be shared among eligible survivors.

Those who may qualify to bring a claim for wrongful death in Arkansas include:

• The surviving spouse of the deceased
• Children (including biological or legally adopted)
• Parents (if there is no surviving spouse or child)
• Siblings (if no closer relatives exist)
• A personal representative of the estate (in cases involving survival actions or damages not pursued in the family’s wrongful death claim)

What is the Statute of Limitations in Arkansas for Wrongful Death Cases?

Most wrongful death claims in Arkansas must be filed within three years of the date the death occurred.

This statute of limitations applies to general negligence cases, including car accidents, unsafe premises, and other civil claims.

If the cause of death was medical malpractice, the deadline to file may be shorter — only two years from the date of the alleged act or omission.

If the deadline passes, the court will almost always dismiss the case, even if liability is clear.

Some exceptions may apply in limited circumstances, such as cases involving minors, fraudulent concealment, or delayed discovery of the cause of death.

Early legal guidance can help avoid missed deadlines and lost claims; the safest course is to speak with an attorney as soon as possible after the death occurs.

Do Wrongful Death Claims in Arkansas Have Damage Limits?

Arkansas does not limit economic damages in wrongful death claims, meaning survivors can recover the full value of lost income, medical bills, and funeral or burial expenses.

However, certain non-economic damages — such as grief, emotional distress, or loss of companionship — may be subject to statutory caps and families may receive less compensation.

These caps typically apply in medical malpractice cases and other civil claims where the legislature has imposed specific limits.

There is no cap on non-economic damages when the death resulted from criminal actions like a felonious killing.

Punitive damages are only awarded in rare cases involving intentional misconduct, fraud, or gross negligence, and may be subject to separate limitations.

The types of damages recoverable in an Arkansas wrongful death claim generally fall into these categories:

• Economic damages (lost earnings, medical expenses, funeral expenses)
• Non-economic damages (mental anguish, loss of companionship, guidance, and emotional support)
• Punitive damages (in qualifying cases involving extreme misconduct)

An experienced attorney can evaluate whether any statutory limit could affect your specific claim.

These categories reflect both the measurable financial losses and the harder-to-quantify personal suffering endured by the family or the estate.

Keith Law Group is a trusted law firm that is here to help families evaluate how these limits may affect their financial recovery and whether exceptions apply.

Understanding When a Wrongful Death Claim Applies in Arkansas

A wrongful death claim may be filed in Arkansas when someone’s negligent, reckless, or intentional actions cause another person’s death.

These claims are civil, not criminal, and are based on personal injury law — if the deceased could have filed a personal injury claim had they lived, that right passes to their survivors.

The claim must prove that the defendant’s actions directly caused the death and resulted in compensable losses.

Wrongful death claims often arise from situations such as:

• Car accidents involving negligent or intoxicated drivers
• Medical malpractice that results in an avoidable death
• Workplace accidents caused by unsafe conditions or employer negligence
• Defective products that cause fatal injuries
• Nursing home abuse or neglect leading to a resident’s death
• Criminal acts such as assault or homicide, regardless of conviction
• Slip and fall accidents on unsafe or dangerous property

Arkansas law also recognizes a claim for the death of an unborn child, as long as it meets statutory definitions.

Not every death qualifies.

A lawful act that results in death, such as a permitted medical procedure, may not support a claim.

The facts of each case must be reviewed closely to determine whether Arkansas law allows a wrongful death lawsuit.

Survival Action vs. Wrongful Death Action

Arkansas law recognizes two separate — but often related — legal claims when a person dies due to negligence.

These are the wrongful death action (filed on behalf of surviving family members) and the survival action (brought by the estate of the deceased).

Though they arise from the same event, the two claims serve different legal purposes and compensate different types of harm.

A wrongful death lawsuit allows eligible family members to recover damages for both financial and emotional losses such as grief, loss of companionship, and funeral costs.

The survival action seeks damages the deceased could have claimed had they survived — such as pain and suffering, lost wages before death, or medical bills reflecting the value of the deceased person’s remaining life.

Key differences:

Wrongful Death Action

• Brought by: Surviving family members
• Purpose: To compensate for the emotional and financial losses experienced by the family
• Damages: Grief, funeral expenses, loss of support and companionship

Survival Action

• Brought by: Personal representative of the estate
• Purpose: To recover for harm the deceased endured before death
• Damages: Compensation for harm the decedent suffered before death, such as pain and suffering, medical bills, lost wages

These damages are awarded to the estate and are either distributed according to the will or, if no will exists, based on Arkansas’s default inheritance laws — known as intestate succession (see Arkansas Code § 28‑9‑214 for details on heir order).

Together, they reflect both the decedent’s loss and the family’s ongoing harm.

Do you Qualify for a Wrongful Death Claim?

Arkansas law only allows certain people to bring a wrongful death claim.

The personal representative of the deceased person’s estate has the primary right to file.

If no representative is appointed, specific family members may be allowed to bring the claim directly.

This includes individuals such as a spouse, child, parent, sibling, or anyone who stood in loco parentis (someone who acted as a parent) to the deceased.

Legal eligibility is based on state statute, not by personal closeness or emotional connection.

Speak with an Arkansas wrongful death lawyer to clarify your eligibility and for guidance through the legal steps involved in filing a claim.

Keith Law Group is here to help you.

For a free consultation, contact us or use the chat feature on this page to find out instantly if you qualify to file a wrongful death claim.

Evidence for Wrongful Death Claims

To support a wrongful death lawsuit in Arkansas, the claimant must present strong, clear evidence linking the defendant’s actions to the death.

Courts need documentation that connects the cause of death to the negligent or wrongful actions of another party.

Strong evidence can also demonstrate the financial and emotional impact on loved ones left behind.

Gathering this evidence early strengthens the case and prevents gaps that could undermine the claim.

Common and useful evidence in wrongful death claims may include:

• Medical records showing cause of death and related treatment
• Autopsy reports
• Police or accident reports
• Witness statements
• Photographs or videos of the incident
• Expert testimony (e.g., medical or accident reconstruction)
• Employment and income records
• Documentation of financial dependence or household contributions
• Bills and receipts for burial and memorial expenses, and other reasonable expenses

Common Damages Awarded in Wrongful Death Claims

A wrongful death claim in Arkansas aims to provide financial relief to surviving family members for the losses caused by a loved one’s death.

Courts may award both economic and non-economic damages, depending on the details of the case.

Family members can recover for the personal impact of the death itself.

Damages are meant to support the family’s recovery—not to put a price on the life lost.

Common types of damages in Arkansas wrongful death claims include:

• Funeral and burial costs
• Medical expenses related to the fatal injury
• Lost wages and benefits the deceased would have provided to financially dependent family members
• Loss of companionship, guidance, and care
• Mental anguish of grieving family members
• Conscious pain and suffering before death
• Punitive damages in cases of extreme misconduct

Keith Law Group: Arkansas Wrongful Death Attorneys

You don’t have to face a wrongful death claim alone—and you don’t have to guess where to start.

Our compassionate team helps families understand their rights and what comes next.

We know how overwhelming and uncertain this process can be.

If you’re considering a wrongful death lawsuit in Arkansas, contact us for a free consultation.

We’re here to help you take the next step toward resolution and accountability.